TERRY DEWAYNE GIDEON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TERRY DEWAYNE GIDEON, APPELLANT,
STATE OF FLORIDA, APPELLEE
145 So. 3d 892
Florida District Court of Appeal, First District (2014)
Positive Treatment
Cited by 5 cases
Opinion of the Court
Terry Dewayne Gideon challenges his designation as a Prison Releasee Reoffen-der (PRR) and the resulting mandatory minimum sentence. We reject Gideon’s argument that eligibility for PRR sentencing is a fact which must be submitted to the jury. See Williams v. State, 143 So.3d 423 (Fla. 1st DCA 2014), and Lopez v. State, 135 So.3d 539 (Fla. 2d DCA 2014). As for the argument that eligibility for PRR sentencing is an element which must be alleged in the charging document, we find this argument to be without merit. See Almendarez-Toms v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998).
AFFIRMED.
VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Washington v. State, 152 So. 3d 1282 (Fla. 1st DCA 2015)…PER CURIAM. AFFIRMED. See Gideon v. State, 145 So. 3d 892 (Fla. 1st DCA 2014); Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014). THOMAS, ROWE, and OSTERHAUS, JJ., concur.…
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Voce v. Wachovia Mortg., FSB, 174 So. 3d 545 (Fla. 4th DCA 2015)…pursue a loan modification.” Appellants appeal the denial of their motion to vacate. “The standard of review of an order denying a Rule 1.540(b) motion for relief from judgment is abuse of discretion.” Fla. Philharmonic Orchestra, Inc. v. Bradford, 145 So. 3d 892, 894 (Fla. 4th DCA 2014). “After rendition of a final judgment, the trial court loses jurisdiction over the case except to enforce the judgment.” Bank One, N.A. v. Batronie, 884 So. 2d 346, 348 (Fla. 2d DCA 2004). “[T]he one exception to the rule o…
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Hughes v. State, 150 So. 3d 287 (Fla. 1st DCA 2014)…PER CURIAM. AFFIRMED. See Gideon v. State, 145 So. 3d 892 (Fla. 1st DCA 2014); Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014). THOMAS, ROBERTS, and ROWE, JJ., concur.…
Authorities Cited
- Almendarez-Torres v. United States, 523 U.S. 224 (U.S. 1998)
- Lopez v. State, 135 So. 3d 539 (Fla. 2d DCA 2014)
- Williams v. State, 143 So. 3d 423 (Fla. 1st DCA 2014)